How is Sexual Assault Defined in a Civil Case in Florida?
In Florida, sexual assault in a civil case generally refers to nonconsensual sexual contact or conduct that causes harm to the victim. It is a type of civil claim that relies, in part, on the underlying criminal definition, including the conduct prohibited under Florida Statutes § 794.011. Still, the claim is pursued as a tort seeking compensation rather than criminal punishment. Here, our Miami sexual assault lawyer for victims explains how sexual assault is defined in a civil case in Florida.
Understanding the Relationship Between Criminal Law and Civil Sexual Assault Claims
For the purposes of establishing a definition, the key point for victims to know is that Florida civil sexual assault claims rely on the same underlying conduct addressed in the state’s criminal statutes. Florida Statutes § 794.011 defines sexual battery as:
- Nonconsensual sexual penetration or union with another person’s sexual organ.
Civil courts examine whether the defendant engaged in unlawful sexual conduct that caused injury to the victim. Remember, the legal standards differ from those used in criminal proceedings. It is easier to prove sexual assault in civil court than it is in criminal court.
What to Know About Civil Liability Through Tort Claims (Sexual Battery and Sexual Assault)
Sexual assault claims in Florida civil court commonly proceed under tort theories such as battery, assault, and intentional infliction of emotional distress. Civil battery occurs when a person intentionally makes harmful or offensive contact with another without consent. Nonconsensual sexual touching or penetration generally satisfies this legal standard. The injured victim must show that the defendant acted intentionally and that the conduct caused injury.
Consent is a Key Factor in Civil Sexual Assault Claims in Florida
Consent plays a very important role in determining civil liability for sexual assault. Florida law recognizes that sexual contact must be voluntary and freely given. Without consent, it is criminal for a person to commit a “sexual act” upon another. Indeed, if consent is absent, the contact may constitute unlawful battery. In civil cases in Florida, courts examine the circumstances surrounding the interaction to determine whether meaningful consent existed. Some key factors may include:
- Unwanted contact;
- Coercion;
- Intimidation, and/or
- The victim’s inability to provide consent due to intoxication or incapacitation.
A plaintiff in a civil sexual assault claim does have to prove that they were sexually violated without consent. As with any other type of legal case, evidence is required. Some of the relevant evidence in a civil sexual assault case in Florida may include personal testimony, witness testimony, communications between the parties, and medical documentation following the assault. Civil courts evaluate this evidence to determine whether the defendant engaged in nonconsensual conduct that caused harm. Remember, the preponderance of evidence (more likely than not) standard applies rather than the reasonable doubt standard.
Contact Our Florida Civil Sexual Assault Attorney Today
At Pike & Lustig, LLP, our Miami sexual assault lawyer is committed to protecting the rights of victims. If you have any questions about the civil claims process, we are here as a resource. Call us now for a free, completely confidential initial consultation. We handle civil sexual assault cases throughout all of South Florida.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0794/Sections/0794.011.html
